Tenant Makes Eight Requests to Delay Eviction

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord claimed that tenant owed $2,360. Tenant was receiving benefits under HRA's Family Eviction Prevention Supplement (FEPS) program in the amount of $1,050 per month, which was paid directly to landlord. Landlord and tenant signed a settlement agreement in court, giving tenant time to pay the back rent that now totaled $3,656. Landlord was given a judgment of possession. Tenant, who wasn't represented by an attorney, later filed a series of seven orders to show cause, seeking additional delay of eviction. Each of those requests was granted by the court. Tenant then obtained an attorney and filed an eighth order to show cause, which asked the court to vacate the settlement agreement and judgment. Tenant now claimed, more than a year after first signing the settlement agreement, that she was entitled to a rent abatement based on breach of the warranty of habitability.

The court ruled against tenant. Tenant never raised any question about repairs during any of her prior court appearances. Since the need for repairs may have arisen since tenant signed the settlement agreement, landlord was directed to make repairs within 30 days. The court delayed eviction until Oct. 15, 2013, to give tenant time to pay all back rent owed, now in the amount of $4,900.

200 Holdings LLC v. Revander: Index No. L&T027661/2012, NYLJ No. 1202624453571 (Civ. Ct. Bronx; 9/13/13; Vargas, J)